Protecting Military Servicemembers Data from Foreign Adversaries Act of 2025
The Protecting Military Servicemembers Data from Foreign Adversaries Act of 2025 would bar data brokers from selling or otherwise providing lists of military servicemembers to any “covered nation” or to entities controlled by such nations. The bill defines key terms (data broker, covered nation, controlled by a covered nation, and military servicemember list) and sets out prohibitions, contract requirements, and anti-evasion provisions. Enforcement would primarily be through the Federal Trade Commission (FTC), with state attorney generals able to pursue actions as well, and the bill requires the FTC to issue implementing regulations within a year of enactment. It also calls for a Comptroller General (GAO) report within one year assessing enforcement and potential expansions of protections. In short, the bill aims to curb foreign access to sensitive servicemember data held by third-party data brokers and to strengthen federal and state enforcement mechanisms.
Key Points
- 1Prohibition on providing servicemember lists: Data brokers may not sell, resell, license, trade, or otherwise provide for consideration a military servicemember list to any covered nation or to persons controlled by a covered nation.
- 2Contractual safeguards: If a data broker sells or provides such a list to another party, the contract must prohibit further sale or transfer to covered nations or controlled entities.
- 3Anti-evasion and conspiracies: It is unlawful to induce or assist others in violating the prohibitions or to engage in transactions intended to evade them.
- 4Enforcement framework: The FTC enforces the prohibitions as unfair or deceptive acts or practices; the Act authorizes rulemaking, civil actions, and potential damages, with the FTC’s powers extended to nonprofit organizations as well. States can enforce via parens patriae actions, with the FTC potentially intervening.
- 5GAO reporting: Within one year after enactment, the Comptroller General must report on enforcement effectiveness, resource needs, and whether protections should expand to additional groups or data types, plus recommendations for further action.